This bill is from the 42nd Parliament, 1st session, which ended in September 2019.
Catherine McKenna Liberal
This bill has received Royal Assent and is now law.
This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.
Part 1 enacts the Impact Assessment Act and repeals the Canadian Environmental Assessment Act, 2012. Among other things, the Impact Assessment Act
(a) names the Impact Assessment Agency of Canada as the authority responsible for impact assessments;
(b) provides for a process for assessing the environmental, health, social and economic effects of designated projects with a view to preventing certain adverse effects and fostering sustainability;
(c) prohibits proponents, subject to certain conditions, from carrying out a designated project if the designated project is likely to cause certain environmental, health, social or economic effects, unless the Minister of the Environment or Governor in Council determines that those effects are in the public interest, taking into account the impacts on the rights of the Indigenous peoples of Canada, all effects that may be caused by the carrying out of the project, the extent to which the project contributes to sustainability and other factors;
(d) establishes a planning phase for a possible impact assessment of a designated project, which includes requirements to cooperate with and consult certain persons and entities and requirements with respect to public participation;
(e) authorizes the Minister to refer an impact assessment of a designated project to a review panel if he or she considers it in the public interest to do so, and requires that an impact assessment be referred to a review panel if the designated project includes physical activities that are regulated under the Nuclear Safety and Control Act, the Canadian Energy Regulator Act, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act;
(f) establishes time limits with respect to the planning phase, to impact assessments and to certain decisions, in order to ensure that impact assessments are conducted in a timely manner;
(g) provides for public participation and for funding to allow the public to participate in a meaningful manner;
(h) sets out the factors to be taken into account in conducting an impact assessment, including the impacts on the rights of the Indigenous peoples of Canada;
(i) provides for cooperation with certain jurisdictions, including Indigenous governing bodies, through the delegation of any part of an impact assessment, the joint establishment of a review panel or the substitution of another process for the impact assessment;
(j) provides for transparency in decision-making by requiring that the scientific and other information taken into account in an impact assessment, as well as the reasons for decisions, be made available to the public through a registry that is accessible via the Internet;
(k) provides that the Minister may set conditions, including with respect to mitigation measures, that must be implemented by the proponent of a designated project;
(l) provides for the assessment of cumulative effects of existing or future activities in a specific region through regional assessments and of federal policies, plans and programs, and of issues, that are relevant to the impact assessment of designated projects through strategic assessments; and
(m) sets out requirements for an assessment of environmental effects of non-designated projects that are on federal lands or that are to be carried out outside Canada.
Part 2 enacts the Canadian Energy Regulator Act, which establishes the Canadian Energy Regulator and sets out its composition, mandate and powers. The role of the Regulator is to regulate the exploitation, development and transportation of energy within Parliament’s jurisdiction.
The Canadian Energy Regulator Act, among other things,
(a) provides for the establishment of a Commission that is responsible for the adjudicative functions of the Regulator;
(b) ensures the safety and security of persons, energy facilities and abandoned facilities and the protection of property and the environment;
(c) provides for the regulation of pipelines, abandoned pipelines, and traffic, tolls and tariffs relating to the transmission of oil or gas through pipelines;
(d) provides for the regulation of international power lines and certain interprovincial power lines;
(e) provides for the regulation of renewable energy projects and power lines in Canada’s offshore;
(f) provides for the regulation of access to lands;
(g) provides for the regulation of the exportation of oil, gas and electricity and the interprovincial oil and gas trade; and
(h) sets out the process the Commission must follow before making, amending or revoking a declaration of a significant discovery or a commercial discovery under the Canada Oil and Gas Operations Act and the process for appealing a decision made by the Chief Conservation Officer or the Chief Safety Officer under that Act.
Part 2 also repeals the National Energy Board Act.
Part 3 amends the Navigation Protection Act to, among other things,
(a) rename it the Canadian Navigable Waters Act;
(b) provide a comprehensive definition of navigable water;
(c) require that, when making a decision under that Act, the Minister must consider any adverse effects that the decision may have on the rights of the Indigenous peoples of Canada;
(d) require that an owner apply for an approval for a major work in any navigable water if the work may interfere with navigation;
(e) set out the factors that the Minister must consider when deciding whether to issue an approval;
(f) provide a process for addressing navigation-related concerns when an owner proposes to carry out a work in navigable waters that are not listed in the schedule;
(g) provide the Minister with powers to address obstructions in any navigable water;
(h) amend the criteria and process for adding a reference to a navigable water to the schedule;
(i) require that the Minister establish a registry; and
(j) provide for new measures for the administration and enforcement of the Act.
Part 4 makes consequential amendments to Acts of Parliament and regulations.
All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.
Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-69s:
Michael Cooper Conservative St. Albert—Edmonton, AB
Mr. Speaker, during the member's speech, she alluded to the fact that the minister could, on a whim, essentially approve or veto a pipeline project. That seems to be part of the problem. In as much as Bill C-69 is a framework, what it is lacking are rules that would apply consistently to all major pipeline projects, and this creates uncertainty and a whole host of other issues.
I was wondering if the hon. member could comment on that.
Monique Pauzé Québec debout Repentigny, QC
Mr. Speaker, I want to thank my colleague for his question. He highlighted the minister's veto power. That is what is important about this bill. Regardless of the laws and municipal bylaws, regardless of the public consultation, at the end of the day, the minister will always have the final say. This veto power is unacceptable.
Robert Aubin NDP Trois-Rivières, QC
Mr. Speaker, I thank my colleague for her speech.
I gather that my colleague analyzed Bill C-69 through the lens of her own bill, which I hope I will get a chance to speak on, because it has some interesting aspects and raises questions.
To come back to the essence of Bill C-69, at the beginning of her speech, my colleague welcomed the idea of the Liberal government putting or wanting to put more emphasis on science. However, what happened under the Conservatives and is now continuing to happen under the Liberals is that every bill gives the ministers additional powers. In this case, although we do want to put more emphasis on science, the minister will have the power to save or kill a project with a snap of her fingers.
Is there not something of a disconnect between intention and execution?
Monique Pauzé Québec debout Repentigny, QC
Mr. Speaker, I want to thank my colleague. I share his concerns.
This bill does indeed have some positive aspects. For example, there will be an agency with some experience in environment. Furthermore, environmental, social, economic, and health effects will be considered, as will public participation. We have all that in Quebec. We have an environmental review board called the Bureau d'audiences publiques sur l'environnement that was created in the late 1970s under the René Lévesque government.
However, the minister will have veto power and will get to make the final decision, which is unacceptable.
Dane Lloyd Conservative Sturgeon River—Parkland, AB
Mr. Speaker, Bill C-69 is the latest monstrosity to come out of the Liberal government, a bill that will cripple Canada's energy industry and eliminate tens of thousands of good-paying jobs across communities in Canada, particularly in my home province of Alberta. This entire process is yet another concession made by the Liberal government to radical environmental groups that will not stop until Canada's oil and gas industry is eliminated.
I reject the argument that Canada's National Energy Board was not capable of making independent decisions based upon critical public evidence and public interest. Canada's environmental assessment process is among the best in the world, because for generations, Canadians have placed a high emphasis on environmental stewardship and responsible energy development. This symbiotic relationship has allowed Canada to be innovative with environmental regulation and solutions. Our energy industry as regulated under the National Energy Board has resulted in such benefits as hundreds of billions in investments, tax revenue, jobs, and long-term prosperity in our country.
The new Liberal environmental review process threatens that foundation and our long-term prosperity. In fact, we are already seeing that happen today. Our oil prices have doubled over the past year and yet Bloomberg reports that in 2017, foreign direct investment dropped by 27%. This is primarily due to the toxic political environment that has scared away investment from Canada's energy sector.
The always shifting goalposts of the Liberals' social licence requirements are dictated by a United States funded radical environmental lobbies. They are not acting in our country's interests; they are acting in their own self-interest. While Canada appears to have been assigned to the role of a national park for the enjoyment of Americans, the United States has pushed forward with groundbreaking LNG projects and a rapidly expanding export market for shale petroleum. Canada is a hostage to American interests as our lifeblood flows down into America at a dramatic discount, only to be repackaged on American tankers at a premium market price. Canadians are doing the work and we are letting Americans get all the profits.
We live in an age of globalization and our decisions affect our neighbours. However, the Liberals have gone too far and I do not believe that other countries have the right to interfere in our energy regulation. Would the Americans, the Chinese, or the Russians entertain delegations from Canada that opposed their energy development? Never, and yet the Liberal government has eliminated the standing test, which allows only those with a direct connection to the project to have a say. Allowing foreign citizens and foreign interests to influence our energy industry policies and whether or not our regulators will allow infrastructure to be built is an attack on Canadian sovereignty.
In closing, Bill C-69 undermines our nation. It would consign us to the status of a national park for the enjoyment of people around the world, to the detriment of Canadian citizens, people who need jobs and the prosperity and stability that is created by a responsible energy sector.
It is time for the Liberals to go back to the drawing board and create policies and regulations that will actually get shovels in the ground so that our critical LNG and pipeline projects can get the support they deserve.
Impact Assessment ActGovernment Orders
The Assistant Deputy Speaker Anthony Rota
It being 1:15 p.m., pursuant to order made Tuesday, February 27, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the second reading stage of the bill now before the House.
Pursuant to Standing Order 69.1, the first question is on part 1 regarding the impact assessment act, part 2 regarding the Canadian energy regulator act, the title, the preamble, the schedule, and all clauses in part 4, except clauses 85, 186, 187, and 195.
Is it the pleasure of the House to adopt these elements of the bill?
Impact Assessment ActGovernment Orders
Impact Assessment ActGovernment Orders
Impact Assessment ActGovernment Orders
The Assistant Deputy Speaker Anthony Rota
In my opinion the yeas have it.
And five or more members having risen:
The recorded division on these elements of the bill stands deferred.
The next question is on part 3, regarding the Navigation Protection Act, and clauses 85, 186, 187, and 195 of part 4. Is it the pleasure of the House to adopt these elements of the bill?
Impact Assessment ActGovernment Orders